Civil Procedure Code, 1908, Order 15, Rule 5 -- Merely because evidence is required to decide an application, Court could not refuse to decide the same - Impugned order set aside - Matter remitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 23 -- Recovery of 5 kg 120 gms charas - Search and seizure - No evidence on record keeping sample of alleged recovered contraband, remainder and sample seal in safe custody in Malkhana, till sample along with sample seal was sent to FSL and remainder contraband substance was produced before Court - This..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Two important ingredients are to be fulfilled in order to invoke O.41.R.27(1)(b) CPC namely, `requires' and `for any substantial justice' - Requirement thus, must be of Court and not of any party to suit - When Court opines that without additional evidence it cannot pronounce judgment..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - O.41.R.27 CPC cannot allow a litigant who had been unsuccessful in lower Court to patch up weak parts of his case and fill up omission in appeal...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by defendants are plaint and order sheet of earlier suit - Said documents were well within knowledge of defendants but they did not bring the same on record by way of evidence at trial stage - Requisite condition as mentioned in O.41.R.27..........
Indian Penal Code, 1860, Section 302, 328, 201, 34 -- Double murder - Circumstantial evidence - Conduct of PW7, who is key witness of prosecution is unnatural and unbelievable and her testimony cannot be accepted - Contradictions and improvements found in evidence of PWs - Prosecution story inextricably mixed up with falsehood that separation of truth from falsehood is not..........
Will -- Due execution - Will executed by blind testatrix - Both attesting witnesses of Will proved due execution of Will in accordance with law, before earlier order of Letter of Administration was cancelled - When case proceeded after remand, execution of Will also proved by calling upon two witnesses who recognized signatures of attesting witnesses of Will as per S.69 of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of seven small packets of heroin - Small quantity - Search and seizure - No evidence on record that when statement of witnesses of fact were being recorded, case property in sealed condition was presented before Court for being identified by these witnesses as contraband material which was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of seven small packets of heroin - Provision of S.57 of the Act is not mandatory but it contains certain procedural instructions for strict compliance by officers - Non-compliance of S.57 of the Act, by itself cannot vitiate trial but it would affect probative value of evidence regarding arrest or..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/ss 420, 467, 468, 471, 447, 34 IPC - Allegedly, accused conspired with co-accused for preparing forged gift deed in respect of disputed land - However, accused in his reply stated that he is residing in Lucknow and has no concern with the disputed land - No evidence on record to show that..........
